Ohio Jury Instruction — Pinkerton Instruction refers to a legal concept that can be used in criminal cases to hold a defendant responsible for the unlawful acts committed by their co-conspirators. In Ohio, the Pinkerton Instruction is based on the principle established in Pinkerton v. United States (1946), where the U.S. Supreme Court held that a defendant could be charged with and convicted of the substantive crimes committed by a co-conspirator in furtherance of the conspiracy. The Pinkerton Instruction in Ohio is designed to guide the jury in determining the liability of a defendant for the acts committed by their co-conspirators. It instructs the jury that if they find the defendant guilty of conspiracy and the co-conspirators committed certain acts in furtherance of the conspiracy, the defendant may also be held responsible for those acts. There are several types of Ohio Jury Instructions related to the Pinkerton Instruction, including: 1. Pinkerton Liability: This instruction informs the jury that the defendant can be held liable for the substantive crimes committed by their co-conspirators if those crimes were reasonably foreseeable and committed in furtherance of the conspiracy. 2. Scope of Pinkerton Instruction: This instruction clarifies the limitations of Pinkerton liability by specifying that the defendant can only be held responsible for acts that were within the scope of the conspiracy and reasonably foreseeable. 3. Elements of Pinkerton Instruction: This instruction outlines the essential elements the jury must consider when applying the Pinkerton doctrine. These elements typically include the existence of a conspiracy, the defendant's membership in the conspiracy, the co-conspirators' commission of unlawful acts, and the defendant's knowledge and reasonable foreseeability of those acts. 4. Causation in Pinkerton Instruction: This instruction explains to the jury that the defendant's liability for the acts committed by their co-conspirators requires a causal connection between the defendant's participation in the conspiracy and the commission of the substantive crimes. 5. Negating Pinkerton Liability: This instruction allows the defense to present arguments and evidence to negate or challenge the application of Pinkerton liability, such as demonstrating that the defendant withdrew from the conspiracy before the commission of the substantive crimes. When applying the Ohio Jury Instruction — Pinkerton Instruction, the jury plays a crucial role in evaluating the evidence, determining the defendant's guilt or innocence, and deciding whether to hold the defendant responsible for the acts committed by their co-conspirators.
Ohio Jury Instruction - Pinkerton Instruction
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If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.